Williamson v. Lake County

Citations

• 17 S.D. 353
• 96 N.W. 702
• 1903 S.D. LEXIS 56

Syllabus

<p>1. The fact that copies of papers served by a sheriff were printed by the plaintiff, for whom they were served, is no reason why fees for such copies should not he taxed as costs against defendant.</p> <p>2. The title of a deputy sheriff to his office cannot be attacked collaterally on a motion, to which he is not a party, to compel the clerk to tax as costs in a cause certain fees of the deputy for service of process.</p> <p>3. A deputy sheriff, acting under an appointment made by the sheriff, is. a de facto officer, though he has not filed his appointment and oath of office, as required by Pol. Code, § 1818, and service of process made by him is valid as to defendant.</p> <p>5. A plaintiff who has paid to a sheriff fees for the service of process is entitled to have such fees taxed as costs, though the deputy serving the process was merely a de facto officer.</p> <p>Haney, P. J., dissenting.</p>